DHARMENDRA KUMAR Vs. SHARVAN KUMAR CHOPRA

JUDGEMENT

(1.) The petitioners are accused in Criminal Complaint No. 3793/2021 along with four others. The petitioners are aggrieved by the order of cognizance and summoning the accused dtd. 11/11/2021 passed in the aforesaid complaint case by learned Special Metropolitan Magistrate (N.I. Act Cases) No.12, Jaipur Mahanagar-II. The complaint was filed for offences under Sec. 138 of the Negotiable Instruments Act (in short 'N.I. Act) as well as 420 of the IPC by respondent No.2, however cognizance has been taken only for offence under Sec. 138 of the N.I. Act.

(2.) As per complaint petition, the complainant Amcur Power Tech Private Ltd. and petitioner M/s Bengal Tools Limited entered into an agreement on 30/5/2015 wherein the complainant company agreed to construct transmission line of electricity as per the requirement of the petitioner company. Out of total Rs. sixteen crore seven lacs seventy two thousand seven hundred sixty eight, the petitioner company paid Rs. thirteen crorer seventy eight lacs thirty one thousand three hundred and seventy two to the complainant for work done. In respect of the remaining amount, after due deliberations between the parties, it was decided that only one crore forty five lacs is payable. The decision took place on 26/8/2020. Thereafter the petitioner company made payment of Rs. forty five lacs through RTGS and for payment of remaining one crore, ten cheques of ten lacs each were issued. Five were honoured and remaining five detailed in the complaint petition got dishonoured as payment was stopped by the petitioner company. Out of five dishonoured cheques two were reported dishonoured on 9/4/2021 and three were reported dishonoured on 2/7/2021. On 21/8/2021, the complainant company sent legal notice as required under Sec. 138 proviso (b) of the N.I. Act to coaccused Amitawa Guin (Accused No.3), the Executive Director of the company. The dishonoured cheques were issued under joint signatures of accused No.3 and accused No.5, the General Manager (Accounts). In the notice, it is specifically stated that accused No.3 had issued cheques which got dishonoured on presentation to the Bank on the instructions of accused No.3. To the aforesaid legal notice, the petitioner company submitted reply dtd. 7/9/2021 stating therein some different dispute of accounting had led to stoppage of payment of the cheques.

(3.) Some common questions have been raised in both the petitions aforesaid and one individual issue has also been raised separately to support that prayer of petitioners in both the petitions deserves to be allowed.